A reader asks:
I am a student at the University of … with an F-1 visa. I’m a senior. I will be applying for optional practical training (OPT) work authorization. Hope to find an employer to sponsor me for an H-1B visa and a green card. I heard that a green card application can be denied if the applicant has belonged to an organization “affiliated with” the Communist Party. If that’s true, could membership in the Chinese Students and Scholars Association be a problem?
Continue reading “Is the Chinese Students and Scholars Association an “Affiliate” of the Communist Party? Would Joining Make Me Ineligible for a Green Card?”
U.S. Secretary of State Rex Tillerson sent four cables to consular officers between Mar. 10 and 17 with preliminary instructions for stricter vetting of U.S. visa applicants. The cables emphasize that “all visa decisions are national security decisions” and that additional screening may “may cause interview appointment backlogs to rise.” Continue reading “Client Alert: State Dep’t Begins Stricter Vetting of Visa Applicants”
Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit is perhaps the most-cited legal scholar of the twentieth century. His reputations for brilliance and for rudeness are both on display in his concurring opinion in Arias v. Lynch (7th Cir. 2016). Continue reading “Crimes Involving Moral Turpitude: Judge Posner’s Blistering Concurrence in Arias v. Lynch (7th Cir. 2016)”
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes ineligible for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key issue for immigration lawyers representing Chinese clients.
Continue reading “Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship”
A person found ineligible for a visa may nonetheless qualify one of the various “waivers” allowing visa issuance. Often, issuance of a waiver requires that the applicant prove a qualifying relative will experience “extreme hardship” if the waiver is not granted. Continue reading “The Meaning of “Extreme Hardship” for Waiver Purposes”
If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal. How can an attorney help? Continue reading “Options after a Consular Officer Denies Your U.S. Visa Application”
Here’s a reader’s question:
I am a U.S. citizen and have been living outside the U.S. for almost four years for study. I got married a year ago and would like to apply for my husband to immigrate. My question is, can I apply for him while I am outside the U.S.? I have not finished my study, and it is hard for me to go back to the U.S. just to file the forms. Continue reading “Issues for U.S. Expats Filing a Form I-130, Immigrant Petition for Alien Relative”
To be issued a visa and admitted to the U.S. at a port of entry, a foreign national must generally not fall within a list of classes of persons who are to be prohibited entry to the U.S. This list is known as the “grounds of inadmissibility.” Continue reading “Grounds of Inadmissibility under U.S. Immigration Law”
The Associated Press reports that Lian Yang of Washington state has plead guilty in federal court to conspiring to violate the Arms Export Control Act. He allegedly tried to illegally export 300 radiation-hardened semiconductors used in military satellites. The government claims Yang intended to provide them to China Space Technology Co.’s space program or to design “China’s new generation of passenger jet.” Continue reading “Washington Man Convicted of Conspiring to Export Radiation-Hardened Semiconductors to China”
The U.S. Department of State has published an updated list of the types of skills that make a J-1 exchange visitor subject to the two-year foreign residence requirement. At the request of the PRC Ministry of Foreign Affairs, this list subjects almost all Chinese J-1 visa holders to the foreign residence requirement. Continue reading “Blame the PRC Ministry of Foreign Affairs for the Broad J-1 Exchange Visitor Skills List”